California’s attorney general is asking a judge to allow same-sex marriages to resume in the state immediately, without waiting for a ruling on whether a law banning gay marriage is constitutional.
Attorney General Kamala Harris Tuesday filed a letter with the federal appeals court that is considering the case. A federal judge has already struck down the law, known as Proposition 8, that defines marriage as a union between a man and a woman.
But a different judge put the ruling on hold – stopping gay marriages – until an appeal was heard. The state supreme court is now weighing whether that appeal should go forward. It will depend on whether or not the supreme court finds the defenders of Proposition 8 have legal standing to fight the appeal, given that the top state officials declined to do so. That ruling may not be made until the end of the year.
In her letter, Harris said it was unlikely the supreme court would support the legal standing for the lawsuit, and so keeping Proposition 8 in effect in the meantime was denying Californians their equal rights.
She said the case was also “substantially diminished” by the recent decision by U.S. President Barack Obama to stop defending a similar federal law, that defines marriage as being between a man and a woman.
Category Archives: Defense of Marriage Act
Unfortunately, no one didn’t see this coming. The Obama department of Justice (that has insisted on giving 9/11 terrorists the rights of US citizens, has been attacking Arizona for trying to defend their border, and has bent our constitution all directions to defend Obamacare in court) announced today that they will no longer defend the Defense of Marriage Act (DOMA) from lawsuits by liberal organizations bent on destroying marriage; Despite the fact, of course, that DOMA was enacted by congress as law and the DOJ’s job is to enforce federal law.
WASHINGTON — The Obama administration says it will no longer defend the constitutionality of a federal law that bans recognition of same-sex marriage.
In a statement Wednesday, Attorney General Eric Holder says President Obama has concluded that the administration can no longer defend the federal law that defines marriage as only between a man and a woman.
The Justice Department had defended the Defense of Marriage Act in court until now.
Where did our state and federal officials get this funny idea that they can pick and choose which laws and what parts of the constitution they want to enforce and defend? What is the point of a democracy where a measure passed by a wide majority of the people (Prop 8 in California) or of their elected officials (DOMA) is struck down by unelected judges who don’t like it and left defenseless by attorney generals (Jerry Brown and Eric Holder) who refuse to do their job and defend the people they are supposed to represent?
These are all signs of a democracy in real trouble, with autocratic-minded government and apathetic citizens who don’t value their freedom.